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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal consequences of engaging in certain |
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conduct with respect to certain instruments designed, made, or |
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adapted for use in striking a person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.02(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person: |
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(1) intentionally, knowingly, or recklessly carries |
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on or about his or her person a handgun [or club]; and |
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(2) is not: |
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(A) on the person's own premises or premises |
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under the person's control; or |
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(B) inside of or directly en route to a motor |
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vehicle or watercraft that is owned by the person or under the |
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person's control. |
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SECTION 2. Sections 46.05(a) and (e), Penal Code, as |
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amended by Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the |
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85th Legislature, Regular Session, 2017, are reenacted and amended |
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to read as follows: |
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(a) A person commits an offense if the person intentionally |
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or knowingly possesses, manufactures, transports, repairs, or |
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sells: |
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(1) any of the following items, unless the item is |
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registered in the National Firearms Registration and Transfer |
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Record maintained by the Bureau of Alcohol, Tobacco, Firearms and |
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Explosives or otherwise not subject to that registration |
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requirement or unless the item is classified as a curio or relic by |
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the United States Department of Justice: |
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(A) an explosive weapon; |
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(B) a machine gun; or |
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(C) a short-barrel firearm; |
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(2) [knuckles;
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[(3)] armor-piercing ammunition; |
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(3) [(4)] a chemical dispensing device; |
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(4) [(5)] a zip gun; |
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(5) [(6)] a tire deflation device; [or] |
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(6) [(7)] a firearm silencer, unless the firearm |
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silencer is classified as a curio or relic by the United States |
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Department of Justice or the actor otherwise possesses, |
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manufactures, transports, repairs, or sells the firearm silencer in |
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compliance with federal law; or |
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(7) an improvised explosive device. |
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(e) Except as otherwise provided by this subsection, an [An] |
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offense under this section [Subsection (a)(1), (3), (4), (5), or
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(7)] is a felony of the third degree. An offense under Subsection |
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(a)(5) [(a)(6)] is a state jail felony. [An offense under
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Subsection (a)(2) is a Class A misdemeanor.] |
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SECTION 3. Sections 46.15(d) and (g), Penal Code, are |
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amended to read as follows: |
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(d) The provisions of Section 46.02 prohibiting the |
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carrying of a firearm [or carrying of a club] do not apply to a |
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public security officer employed by the adjutant general under |
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Section 437.053, Government Code, in performance of official duties |
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or while traveling to or from a place of duty. |
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(g) The provisions of Section [Sections 46.02 and] 46.03 |
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prohibiting the possession or carrying of a club do not apply to an |
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animal control officer who holds a certificate issued under Section |
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829.006, Health and Safety Code, and who possesses or carries an |
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instrument used specifically for deterring the bite of an animal |
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while the officer is in the performance of official duties under the |
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Health and Safety Code or is traveling to or from a place of duty. |
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SECTION 4. Sections 46.01(8) and 46.15(c), Penal Code, are |
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repealed. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. This Act takes effect September 1, 2019. |
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* * * * * |